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Chiappa v. Macaluso

Peter J. Chiappa, as of Florence M. Chiappa v. Rocco Macaluso

Chiappa v. Macaluso, 96 A.D.2d 895 (1983)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
August 22, 1983
Citations
96 A.D.2d 895466 N.Y.S.2d 641983 N.Y. App. Div. LEXIS 19501

Opinion of the Court

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— In a wrongful death action, plaintiff appeals from an order of the Supreme Court, Westchester County (Leggett, J.), dated December 14, 1982, which granted defendants’ motion to change venue from Bronx County to Westchester County. Order affirmed, without costs or disbursements. The cause of action arose in Westchester County and, absent cogent reasons to direct otherwise, the venue of a transitory action should be the county where the cause of action arose (Chung v Kivell, 57 AD2d 790). Notwithstanding the technical defects in defendants’ moving papers, it is sufficiently shown that the convenience of the witnesses will be promoted by changing the place of trial to Westchester County, where the plaintiff resides, the defendant who owns the motor vehicle in question has-its principal place of business, the investigating police officers are employed *896 and the hospital where plaintiff’s decedent was treated is located (see Wilson v Orser, 243 App Div 855 ). Mollen, P. J., Titone, Weinstein and Rubin, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1985: 21986: 11989: 11990: 11995: 119852026peak 1985 · 2

Relies on it most ⓘ

  1. Thomas v. Small121 A.D.2d 622 (1986)
  2. O'Brien v. Vassar Bros. Hospital207 A.D.2d 169 (1995)
  3. Resnick v. Karmax Camp Corp.112 A.D.2d 206 (1985)
  4. German v. Swendsen112 A.D.2d 139 (1985)
  5. Creed v. United Hospital158 A.D.2d 654 (1990)
  6. Wolff v. Friedman148 A.D.2d 448 (1989)

Most recent

  1. O'Brien v. Vassar Bros. Hospital207 A.D.2d 169 (1995)
  2. Creed v. United Hospital158 A.D.2d 654 (1990)
  3. Wolff v. Friedman148 A.D.2d 448 (1989)
  4. Thomas v. Small121 A.D.2d 622 (1986)
  5. Resnick v. Karmax Camp Corp.112 A.D.2d 206 (1985)
  6. German v. Swendsen112 A.D.2d 139 (1985)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Chung v. Kivell, 57 A.D.2d 790 (1977) 20
Wilson v. Orser, 243 A.D. 855 (1935) 2

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